125.84 Evaluation report.
The facility administrator’s report to the court of the chief medical officer’s substance abuse evaluation of the respondent shall be made no later than the expiration of the time specified in section 125.83. At least two copies of the report shall be filed with the clerk, who shall distribute the copies in the manner described by section 125.80, subsection 2. The report shall state one of the four following alternative findings:
1. That the respondent does not, as of the date of the report, require further treatment for substance abuse. If the report so states, the court shall order the respondent’s immediate release from involuntary commitment and terminate the proceedings.
2. That the respondent is a person with a substance-related disorder who is in need of full-time custody, care, and treatment in a facility, and is considered likely to benefit from treatment. If the report so states, the court shall enter an order which may require the respondent’s continued placement and commitment to a facility for appropriate treatment.
3. That the respondent is a person with a substance-related disorder who is in need of treatment, but does not require full-time placement in a facility. If the report so states, the report shall include the chief medical officer’s recommendation for treatment of the respondent on an outpatient or other appropriate basis, and the court shall enter an order which may direct the respondent to submit to the recommended treatment. The order shall provide that if the respondent fails or refuses to submit to treatment, as directed by the court’s order, the court may order that the respondent be taken into immediate custody as provided by section 125.81 and, following notice and hearing held in accordance with the procedures of sections 125.77 and 125.82, may order the respondent treated as a patient requiring full-time custody, care, and treatment as provided in subsection 2, and may order the respondent involuntarily committed to a facility.
4. That the respondent is a person with a substance-related disorder who is in need of treatment, but in the opinion of the chief medical officer is not responding to the treatment provided. If the report so states, the report shall include the facility administrator’s recommendation for alternative placement, and the court shall enter an order which may direct the respondent’s transfer to the recommended placement or to another placement after consultation with respondent’s attorney and the facility administrator who made the report under this subsection.
[82 Acts, ch 1212, §12]
90 Acts, ch 1020, §2; 90 Acts, ch 1085, §18; 2011 Acts, ch 121, §49, 62
Referred to in §125.85, 125.86, 229.21, 321J.3
Structure Iowa Code
Chapter 125 - SUBSTANCE-RELATED DISORDERS
Section 125.1 - Declaration of policy.
Section 125.3 - Substance abuse program established.
Section 125.7 - Duties of the board.
Section 125.9 - Powers of director.
Section 125.10 - Duties of director.
Section 125.12 - Comprehensive program for treatment — regional facilities.
Section 125.13 - Programs licensed — exceptions.
Section 125.14 - Licenses — renewal — fees.
Section 125.14A - Personnel of a licensed program admitting juveniles.
Section 125.15A - Licensure — emergencies.
Section 125.16 - Transfer of license or change of location prohibited.
Section 125.17 - License suspension or revocation.
Section 125.18 - Hearing before board.
Section 125.19 - Reissuance or reinstatement.
Section 125.21 - Chemical substitutes and antagonists programs.
Section 125.25 - Approval of facility budget.
Section 125.32 - Acceptance for treatment — rules.
Section 125.32A - Discrimination prohibited.
Section 125.33 - Voluntary treatment of persons with substance-related disorders.
Section 125.37 - Records confidential.
Section 125.38 - Rights and privileges of patients.
Section 125.39 - Eligible entities.
Section 125.40 - Criminal laws limitations.
Section 125.41 - Judicial review.
Section 125.43 - Funding at mental health institutes.
Section 125.43A - Prescreening — exception.
Section 125.44 - Agreements with facilities — liability for costs.
Section 125.46 - County of residence determined.
Section 125.48 - List of contracting facilities.
Section 125.54 - Use of funds.
Section 125.58 - Inspection — penalties.
Section 125.59 - Transfer of certain revenue — county program funding.
Section 125.60 - Grant formula.
Section 125.74 - Preapplication screening assessment — program.
Section 125.75A - Involuntary proceedings — minors — jurisdiction.
Section 125.75B - Dual filings.
Section 125.76 - Appointment of counsel for applicant.
Section 125.77 - Service of notice.
Section 125.78 - Procedure after application.
Section 125.79 - Respondent’s attorney informed.
Section 125.81 - Immediate custody.
Section 125.82 - Commitment hearing.
Section 125.83 - Placement for evaluation.
Section 125.83A - Placement in certain federal facilities.
Section 125.84 - Evaluation report.
Section 125.85 - Custody, discharge, and termination of proceeding.
Section 125.86 - Periodic reports required.
Section 125.87 - Status during appeal.
Section 125.88 - Status if commitment delayed.
Section 125.89 - Respondents charged with or convicted of crime.
Section 125.90 - Judicial hospitalization referee.
Section 125.91 - Emergency detention.
Section 125.92 - Rights and privileges of committed persons.